The Administrator may, with the approval of the Council, serve as head of one or more departments in addition to the Department of Administration. The same person may serve as director of two (2) or more departments; a department director may also be appointed to serve as a division head within his department; and a division head may be appointed as department director. Acceptance of an appointment as a director by any person in the classified service of the civil service shall not be deemed to constitute a resignation or termination of his civil service status.
A. 
Every officer or employee of the city who, by virtue of his office or position or of any law, is entrusted with the receipt, custody or expenditure of public moneys or funds of the city, and any other officer or employee who may be required so to do by the Council, shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by resolution of Council, binding him to the city in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by this section or otherwise to give bond shall execute such bond with sufficient surety and deliver the same to the Clerk, except that the Clerk shall deliver his bond to the Comptroller, before he enters upon the discharge of the duties of his office or employment.
B. 
If any officer or employee shall refuse or neglect to execute and deliver his bond as herein required within thirty (30) days after due notification of election or appointment, his office may be declared vacant by the Council.
C. 
In every case in which any person is required by the laws of the state or by this section or any other ordinance to give bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this state and the premium therefor shall be paid by the city. Each such bond shall be approved by the Corporation Counsel as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one (1) or more blanket bonds when so approved.
D. 
The Municipal Clerk shall verify that Perth Amboy local government officers have filed their required annual Financial Disclosure Statement with the State of New Jersey. A local government officer who fails to file the required Disclosure Statement by April 30th shall be given written notice of the omission by the Municipal Clerk and a period of ten (10) days to file the Disclosure Statement. Any local government officer who fails to file the required Disclosure form within ten (10) days of receiving notice of non-compliance, shall be suspended from his/her position. Should the failure to file continue beyond thirty (30) days of suspension, the local government officer shall be removed from his/her position.
[Added 9-9-2015 by Ord. No. 1778-2015]
[Amended 6-9-2004 by Ord. No. 1250-2004]
The Administrator shall have the power to hear and determine any charge or charges filed against a member of the uniformed force pursuant to law unless the Director determines that the disciplinary hearing should be conducted by an independent third party who has prior experience in the operations of a uniform force.
A. 
All the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department shall be carefully and conveniently filed, kept and preserved and shall be and remain the sole property of the city and shall not at any time be removed from the offices of such department except when required for use in official business and shall then be returned to such office without delay. Each department head shall be responsible for enforcing the requirements of this section to his department. This section shall be subject to the provisions of the Destruction of Public Records Law (1953) (N.J.S.A. 47:3-15 et seq.).
B. 
All public documents and records shall during office hours be open to public search, inspection and examination, subject to and within the limitations prescribed by law, and provided that such search, inspection and examination may be made under such regulations as the officer having custody of such records, books and documents shall establish for the safety and preservation thereof.
C. 
Fees for copies and reproduction of public records.
[Added 3-15-77 by Ord. No. 141-77; 9-15-02 by Ord. No. 1170-2002]
(1) 
Copies of public records in the custody of the City Clerk shall be made available upon request, and the custodian of such records shall make and supply copies of such records upon payment of a fee of ten cents ($0.10) per page for letter or legalized sized paper copies. The fee may be adjusted annually by the custodian of records based upon the actual cost of paper and ink to the city, after prior publication of the fee change for at least thirty days.
[Amended 7-13-2010 by Ord. No. 1521-2010]
(2) 
Fees for the reproduction of video or audio recordings shall be as follows:
[Amended 1-26-2011 by Ord. No. 1543-2011]
(a) 
Reproduction of video: the actual cost of the videotape or other medium and any equipment usage costs connected with the reproduction, but not less than one dollar ($1.) per tape.
(b) 
Reproduction of audio: the actual cost of the audiotape or other medium and any equipment usage costs connected with the reproduction, but not less than one dollar ($1.) per tape.
(c) 
In addition, there will be a charge for any postage, mailing or delivery supplies expenses based upon actual costs to the city.
(3) 
Notwithstanding any subsection of this section, all costs incurred as a result of any duplication request that must be outsourced must be paid by the individual or entity making the request.
(4) 
Any person shall have the right, during regular business hours and under the supervision of a representative of the custodian of records, to inspect or copy any such record by hand. Should the custodian of records determine that it would require more than one (1) hour of employee time to locate a particular document or set of documents or supervise an inspection of documents: twenty dollars ($20.) per hour charge shall be imposed for each hour of employee time spent locating or supervising an inspection of documents.
Upon the termination of the term of office or the employment of any officer or employee, he shall forthwith deliver to his successor, or, if there is no successor, to the Clerk or other person who may be designated by the Mayor to receive the same, all moneys, papers, books, memoranda, accounts and data of any nature whatever pertaining to his office.
The public, administrative and executive business offices shall be open for the transaction of public business daily, except Saturdays and Sundays and legal holidays, between such hours as the Council may prescribe, except as otherwise provided by law. All departments in times of emergency shall provide municipal services for twenty-four (24) hours a day. The Administrator or a department head may require any officer or employee to be in attendance for work on any day or days whenever he determines that a public exigency or emergency so requires.
[Amended 2-4-1975 by Ord. No. 60-75; 10-20-1992 by Ord. No. 643-92;10-3-1995 by Ord. No. 797-95]
A. 
Definition of "bona fide." In accordance with the provisions of N.J.S.A. 40A9-1.3, all officers and employees employed by the City of Perth Amboy after the effective date of this section shall be bona fide residents of the City of Perth Amboy, except as otherwise required by state law or provided herein. Said officers and employees shall, subsequent to appointment, remain bona fide residents of the City of Perth Amboy as a condition of continued employment. For the purpose of this section, a bona fide resident is a person having a permanent domicile within the City of Perth Amboy and a residence which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside the City of Perth Amboy.
B. 
Eligibility of applicants limited to bona fide residents. In accordance with the provisions of N.J.S.A. 40A:9-1.4, applicants for positions and employment in the classified service of the City of Perth Amboy, including applicants for police officer and fire fighter titles, shall be limited to bona fide residents of the City of Perth Amboy, both on the closing date of the civil service examination, if one is given, and on the date of hire, except as otherwise provided herein or upon the determination of the New Jersey Department of Personnel that an insufficient number of qualified residents exist for available positions. This provision shall not be construed to exempt police officers and fire fighters from the requirement that they remain bona fide residents of the City of Perth Amboy for a period of one (1) year after their appointment.
C. 
Unavailability of qualified residents; preference schedule.
(1) 
In accordance with the provisions of N.J.S.A. 40A9-1.6, whenever the appointing authority determines that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the City of Perth Amboy shall advertise for other qualified applicants.
(2) 
The appointing authority shall then classify all qualified applicants for such specific positions or employments in the following manner.
(a) 
Other residents of the County of Middlesex.
(b) 
Other residents of the counties contiguous to the County of Middlesex.
(c) 
Other residents of the State of New Jersey.
(d) 
All other applicants.
(3) 
The appointing authority shall first appoint all those in Subsection C(2)(a) (Class Number 1) and then those in each succeeding class in the order above listed and shall appoint a person in any such class only to a position or employment remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. This provision shall not diminish, reduce or affect the preferences otherwise provided by law.
(4) 
In accordance with the provisions of N.J.S.A. 40A:9-1.5, officers and employees appointed in accordance with the provisions of this section shall, as a condition of continued employment, become bona fide residents of the City of Perth Amboy within a reasonable period of time which shall be specified at the time of appointment.
D. 
Appointments without reference to residency.
(1) 
In accordance with the provisions of N.J.S.A. 40A:9-1.7, whenever the appointing authority determines that there are certain specific positions or employments requiring special talents or skills which are not likely to be found among the residents of the City of Perth Amboy, such positions or employments so determined shall be filled without reference to residency.
(2) 
The appointing authority shall, prior to any determination to fill a position without reference to residency, advertise said position, indicating the special talents or skills required. In the event that applicants who are residents of the City of Perth Amboy do not demonstrate that they have the special talents or skills required for appointment to the position, the appointing authority shall determine that the position may be filled without reference to residency.
(3) 
The following positions or employments shall be deemed to require special talents or skills which are necessary for the operation of the City of Perth Amboy, except as otherwise provided by state law:
(a) 
Positions having substantial managerial policy-making and/or policy-implementing responsibilities.
(b) 
Positions which require pursuant to state law that the appointee hold a specific license or certification.
(c) 
The nature of the employment is such as to require residence at the Runyon Watershed, Old Bridge Township, New Jersey.
(d) 
Other positions which require substantial formal education and employment experience and/or which require substantial scientific and technical skills which are necessary for the operations of the City of Perth Amboy.
E. 
Applicability.
(1) 
All of the provisions herein shall apply to all officers and employees hired and/or appointed after the effective date of this section.
(2) 
All of the provisions herein shall be construed to require all officers and employees who are employed by the City of Perth Amboy and are bona fide residents of the City of Perth Amboy to remain bona fide residents of the City of Perth Amboy as a condition of continued employment, except that any city officer or employee who has completed more than ten (10) full years of continuous employment and bona fide residency in the City of Perth Amboy thereafter shall not be subject to the residency requirement as a condition of continued employment and shall not be subject to removal or discharge for failure to be a bona fide resident of the City of Perth Amboy.
[Amended 10-28-2009 by Ord. No. 1487-2009]
F. 
Waiver of residency prohibited. Waivers from the residency requirements set forth in this section shall be prohibited, except as specifically provided herein or by operation of state law. The City Council may, by a majority vote, approve the nonresidence of an employee pursuant to the criteria set forth herein, only upon the recommendation of the Mayor.
G. 
Preference in promotion. In accordance with the provisions of N.J.S.A. 40A:9-1.8, officers and employees who are bona fide residents of the City of Perth Amboy shall be granted preference in promotion. When promotions are based upon merit as determined by suitable promotional tests or other objective criteria, a resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. The preference granted by this subsection shall in no way diminish, reduce or affect the preference granted pursuant to state law. This section shall not be applied against those officers and employees who have been bona fide residents of the City of Perth Amboy, but have been permitted to reside outside the city after completing ten (10) full years of service pursuant to Section 4-132(E)(2).
[Amended 10-28-2009 by Ord. No. 1487-2009]
[Added 10-20-1992 by Ord. No. 643-92]
The chapter and paragraph designations may be changed without further action by the City Council for the efficient and effective organization of the Code of the City of Perth Amboy.